JUDGMENT OF THE COURT
The appellant, Steven Oloo Odhiambo (Isaiah), was charged with the offence of defilement contrary to section 8 (2) of the Sexual Offences Act no. 3 of 2006. The particulars are that on the 26th day of October, 2009 in Siaya District of Nyanza Province he unlawfully and intentionally caused his penis to penetrate the vagina of SAO, PW 4 (the complainant), a child aged 4 years.
He also faced an alternative count of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act no. 3 of 2006, the particulars being that on the same day he unlawfully and intentionally touched the vagina of SAO, PW 4 (the complainant).
PW 1, an Early Childhood Development teacher, and mother of SAO testified that on 26th October 2009 at 2pm she had sent SAO who was then aged 4 years and nine months to take some vegetables to her colleague in school. After some time SAO returned home crying and informed her that Isaiah had pinned her to the ground and done bad…